Many CBI Cases Ending In Acquittal; Investigation Needs To Be Improved By Adding Experts & Modern Gadgets : Madras High Court

The Bench of Justice N. Kirubakaran and Jutsice B. Pugalendhi further observed,

"CBI should have expert officials with special knowledge in various fields, as various types of cases involving different fields are referred viz., Bhopal Gas Tragedy, Bofors scam, 2G Spectrum Scam, Coal Scam, Hawala Scandle, Phurlia Army dropping case, Sathyam Scandle, Sarada Chit Scandle, Nithari Killings, Sushant Singh Rajput suicide case, Taj Corridor case, Vyapam case."

Importantly, the Court remarked,

"When there is always a clamour for investigation by Central Bureau of Investigation, it cannot oppose by stating that it does not have the required man power and resources and it has to increase the number of officials, as more number of cases are being referred to the Central Bureau of Investigation."

Matter before the Court

A plea was filed praying that matter be referred to Central Bureau of Investigation. However, this plea was opposed by the Assistant Solicitor General of India appearing by submitting that the Central Bureau of Investigation does not have the required strength.

Thus, the Court took up the matter as a Public Interest Litigation to decide about the necessity to have more resources and more personnel including modern infrastructures for CBI.

Court's Concerns

While noting that white collar crimes, like, Bank offences are mainly investigated by the Central Bureau of Investigation, the Bench, in its order observed,

"When such serious investigations are being undertaken by the Central Bureau of Investigation, it is stated that CBI depends upon the police officials deputed from various other sources, like State Police, CISF and CRPF and there is a likelihood of investigating officers going back to their parent force during investigation. If it is true, the Officials from CISF and CRPF may not have experience in investigation."

The Court further noted,

"To investigate white collar crimes, especially, Bank offences, financial offences, larger magnitude, the officials with qualifications of CA, ICWA, ACS, are essential for investigation. Otherwise the very purpose of investigation will be frustrated, because of lack of expertise in that particular field."

While taking into consideration the Assistant Solicitor General of India's response that the Central Bureau of Investigation has its own source of recruitment, the Court raised following queries to be answered by the CBI and Central Government:

(a) Whether the Central Bureau of Investigation recruits their own officials independently or through some other agencies, especially for investigation?

(b) Why not CBI recruit their officials and train them independently?

(c) Whether the Central Bureau of Investigation is depending upon only the police officials drawn various agencies like State Police, CISF and CRPF for investigation?;

(d) What is the strength of the CBI in 2000, 2010, 2015 and as on date? (Cadre wise strength viz., Constable to higher levels to be given)

(e) Why not increase the man power in CBI to handle more case?

(f) Why not CBI recruit more officials with degrees in CA, ACS, ICWA, Cyber Science Law, as more economic offences are investigated by CBI?

(g) Whether allotment of fund made by the Central Government is sufficient?

(h) Why not Central Government allot more funds to CBI for modern investigation and to increase man power?

(i) Whether the CBI has got all modern infrastructures including modern gadgets, machines available in its Central Forensic Sciences Laboratory at New Delhi as available in CFSL Hyderabad and CFSL Gujarat?

(j) How many cases have been referred to the Central Bureau of Investigation for the past 20 years? (Year wise details to be given);

(k) What is the status of those cases? (Year wise details to be given) ;

(l) How many cases ended in acquittal? (Year wise details to be given);

(m) How many cases ended in conviction? (Year wise details to be given);

(n) What is the rate of conviction? (Year wise details to be given);

(o) What are all the reasons for enormous delay in concluding investigations by CBI?"

The matter has been posted for further hearing on 14.12.2020.

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